General Terms of Sale between ACC and Members/Non-Members
1. Definitions
The Association of Communication Companies (hereafter “ACC”): a non-profit
organization under Belgian law with its registered office at Minervastraat 4, 1930
Zaventem (CBE: 0451.546.876). ACC represents and unites agencies active in
advertising, activation, content creation, digital services, branding, events, public
relations, and influencer marketing.
Member: Any agency that has been formally admitted as a member by ACC.
Non-Member: Any agency, organization, company or individual that has not been
formally admitted as a member by ACC, but who enters into a contractual
relationship with ACC in specific contexts - such as by participating in events or
training sessions, submitting cases for awards or engaging in partnerships.
General Terms of Sale (hereafter “GTS”): these general terms of sale govern the
contractual relationship between ACC and both Members and Non-Members.
Unless expressly agreed otherwise in writing, the GTS shall apply to any
collaboration, agreement or engagement with ACC and to all rights, obligations, and
offerings arising from or connected to it. The applicability of any purchase or other
conditions of the Member or Non-Member is hereby expressly excluded.
Intellectual Property Rights (hereafter “IPR”) : any copyright or similar right, any
drawing or design, registered or unregistered, deposits for drawings or designs or
similar rights, any trademark, trademark deposit or similar rights, registered or
unregistered, any invention, method or development process, database, sketch or
drawing or scientific or engineering information or documents, and any other right
arising from an intellectual activity in the artistic, industrial, commercial or scientific
fields, for each of the foregoing worldwide and for the duration of the rights
involved, and regardless of the possibility of registration of such rights.
2. Membership eligibility
To be eligible for membership, the Member must meet the following conditions:
Business experience: The Member must have been legally established for at least 1.5
years, or it must be managed by a professional with a minimum of 5 years of
relevant industry experience
Criminal record: The Member, including its directors and key personnel, must not
have been convicted of participation in a criminal organization, corruption, fraud,
money laundering, or any offense that affects professional integrity or involves other
criminal act
Professional conduct: The Member must not have committed any serious
professional misconduct in the exercise of its business activities
Financial status: The Member must not be in a state of bankruptcy, liquidation, or
subject to proceedings under the Belgian Law on the Continuity of Enterprises
Insolvency proceedings: The Member must not have filed for bankruptcy, nor be
subject to any pending proceedings for liquidation or judicial reorganization.
Compliance with legal obligations: The Member must be in full compliance with its
obligations relating to social security contributions, as well as with tax obligations
and payments, including VAT and direct taxes
Compliance with ACC’s core commitments: The Member is expected to consult the
commitments available on ACC’s website and to make every reasonable effort to
act in accordance with them ACC reserves the right to refuse membership if the eligibility criteria are not met at
the time of application. Additionally, should a Member cease to meet these criteria
during the term of their membership, ACC may terminate the membership with
immediate effect. In such cases, any membership fees already paid will not be
refunded.
3. Membership terms
Annual fee - calculation basis: Membership fees are determined based on the
Member’s annual income and the corresponding fees, as published on the ACC
website
Commencement and fee calculation: Memberships can be initiated at any time
during the calendar year. In such cases, the annual membership fee will be
calculated on a pro-rata basis
Automatic renewal: Memberships are automatically renewed on an annual basis
unless properly terminated in accordance with the following paragraph
(“Termination by the Member”)
Termination by the Member: Termination of membership must be notified by
registered mail at least six (6) months prior to the end of the current membership
year. Late notifications will result in renewal for the following year
4. Tools, services and other products
Tools and services: The Member has access to all tools and services as provided on
ACC’s website. The Members are entitled to preferential rates where applicable
Other products: In addition, ACC offers a range of additional products, including but
not limited to events, workshops, training sessions and other professional services.
By engaging in any such activity - whether through a booking, a partnership, or
another form of collaboration -, the Member or Non-Member agrees to the
applicable pricing and cancellation policy as published on ACC’s website or
communicated directly by ACC. Where applicable, a confirmation will be sent
following each successful booking or order. If a training session or event cannot take
place as scheduled, ACC will inform the registered participants as soon as
reasonably possible. If the session cannot be rescheduled within the same calendar
year, a credit note (CN) will be issued, unless expressly agreed otherwise.
5. Price and payment
Price: All prices are exclusive of VAT
Payment: In the event of non-payment by the due date, all outstanding amounts shall,
by operation of law and without prior notice, accrue interest in accordance with Article
5 of the Act of 2 August 2002 on combating late payment in commercial transactions.
Furthermore, the Member or Non-Member shall owe a fixed, non-reducible indemnity
of 15% of the outstanding invoice amount, with a minimum of 200€ without prejudice
to the statutory interest or any additional costs, including legal and collection
expenses. In case of non-payment, ACC reserves the right to suspend access to its
services, tools and any other products as security for unpaid amounts. Any default in
payment will automatically render all other claims against the Member or Non-
Member immediately due and payable. Complaints shall not suspend the payment
obligations of the Member or Non-Member for other services or deliveries
6. Expert Center requirements
If the Member wishes to be part of an Expert Center, the following specific conditions
apply:
Brand consultancy, Content marketing, Events, or PR agency : at least 50% of the
agency’s revenue must be derived from the relevant core activity. If this condition is
not met, the agency may still be admitted, provided it receives a positive
recommendation from the full Expert Center
Brand consultancy agencies: a Brand consultancy agency must demonstrate in-house
capabilities in brand strategy, brand design and brand management
Content marketing agencies: a Content marketing agency must operate as an
independent legal entity and must not function as a sales office, in-house department,
or printing company
Event agencies: an Event agency must hold valid third-party liability (TPL) insurance
coverage
PR agencies: A PR agency must endorse and comply with the EU Barcelona Principles
7. Intellectual Property Rights
Exclusive Ownership: The Member or Non-Member acknowledges and agrees that the
IPR relating to the tools, services and additional products provided by ACC - including
but not limited to software, documents, templates, and training materials – are and
shall remain the exclusive property of ACC
Licence of Use: The Member or Non-Member is granted a non-exclusive, nontransferable
license to use the IPR solely for internal purposes. Any reproduction,
distribution, modification or commercial exploitation outside the scope of internal use
is strictly prohibited without prior written consent from ACC
8. Protection of personal data
ACC processes personal data in accordance with the General Data Protection
Regulation (EU) 2016/679 (GDPR). For more detailed information, please consult ACC’s
Privacy Policy available on www.acc.be
9. Liability
ACC undertakes to make all reasonable efforts to ensure the accuracy and quality of
its tools, services and other products. However, ACC shall not be held liable for any
direct or indirect damages, including but not limited to loss of profits, business
interruption, or loss of data, resulting from the use of, or inability to use, any of its
services, tools or products. The Member and Non-Member remain solely responsible
for all decisions and actions taken based on the use of ACC tools, services and
products. In all cases, ACC’s total liability shall be limited to the amount paid by the
Member or Non-Member for the specific service that gave rise to the claim.
10. Force majeure
ACC shall not be held liable for any failure or delay in fulfilling its obligations when
such failure or delay results from a force majeure event, as defined in Article 5.226 of
the Belgian Civil Code. In such cases, ACC shall notify the Member or Non-Member as
soon as reasonably possible and shall make all reasonable efforts to limit the
consequences and resume its obligations without undue delay. If the force majeure
situation persists for more than sixty (60) consecutive days, either party may terminate
the membership or collaboration by providing written notice to the other party,
without any right to compensation. Any membership fees or other amounts already
paid for services rendered shall not be reimbursed.
11. Validity of the provisions
ACC's failure to invoke any provision of the GTS at any time shall not be construed as a
waiver of its right to invoke its rights under the GTS at a later time. The nullity, lapse or
non-enforceability of any of the preceding or subsequent provisions shall not result in
the nullity of the GTS as a whole. The provision that is null and void or not opposable
in whole or in part shall be deemed unwritten. ACC undertakes to replace this
provision by another provision which, to the extent possible, pursues the same
objective.
12. Jurisdiction and applicable law
The membership, collaboration, agreement or engagement and all rights and
obligations arising therefrom, including the GTS, is governed by Belgian law. Any
disputes arising out of or in connection with the membership, collaboration,
agreement, engagement or the GTS shall fall within the exclusive jurisdiction of the
Brussels courts.